Airworthiness Directives; The Boeing Company Model 777-200, -200LR, -300, and -300ER Series Airplanes, 78138-78141 [2011-31893]
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78138
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations
is also exempt from § 1015.5 if the
attorney:
(1) Deposits any funds received from
the consumer prior to performing legal
services in a client trust account; and
(2) Complies with all state laws and
regulations, including licensing
regulations, applicable to client trust
accounts.
§ 1015.8
Waiver not permitted.
It is a violation of this rule for any
person to obtain, or attempt to obtain, a
waiver from any consumer of any
protection provided by or any right of
the consumer under this rule.
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§ 1015.9 Recordkeeping and compliance
requirements.
(a) Any mortgage assistance relief
provider must keep, for a period of
twenty-four (24) months from the date
the record is created, the following
records:
(1) All contracts or other agreements
between the provider and any consumer
for any mortgage assistance relief
service;
(2) Copies of all written
communications between the provider
and any consumer occurring prior to the
date on which the consumer entered
into an agreement with the provider for
any mortgage assistance relief service;
(3) Copies of all documents or
telephone recordings created in
connection with compliance with
paragraph (b) of this section;
(4) All consumer files containing the
names, phone numbers, dollar amounts
paid, and descriptions of mortgage
assistance relief services purchased, to
the extent the mortgage assistance relief
service provider keeps such information
in the ordinary course of business;
(5) Copies of all materially different
sales scripts, training materials,
commercial communications, or other
marketing materials, including Web
sites and weblogs, for any mortgage
assistance relief service; and
(6) Copies of the documentation
provided to the consumer as specified
in § 1015.5 of this rule;
(b) A mortgage assistance relief
service provider also must:
(1) Take reasonable steps sufficient to
monitor and ensure that all employees
and independent contractors comply
with this rule. Such steps shall include
the monitoring of communications
directed at specific consumers, and
shall also include, at a minimum, the
following:
(i) If the mortgage assistance relief
service provider is engaged in the
telemarketing of mortgage assistance
relief services, performing random,
blind recording and testing of the oral
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representations made by individuals
engaged in sales or other customer
service functions;
(ii) Establishing a procedure for
receiving and responding to all
consumer complaints; and
(iii) Ascertaining the number and
nature of consumer complaints
regarding transactions in which all
employees and independent contractors
are involved;
(2) Investigate promptly and fully
each consumer complaint received;
(3) Take corrective action with respect
to any employee or contractor whom the
mortgage assistance relief service
provider determines is not complying
with this rule, which may include
training, disciplining, or terminating
such individual; and
(4) Maintain any information and
material necessary to demonstrate its
compliance with paragraphs (b)(1)
through (3) of this section.
(c) A mortgage assistance relief
provider may keep the records required
by paragraphs (a) and (b) of this section
in any form, and in the same manner,
format, or place as it keeps such records
in the ordinary course of business.
(d) It is a violation of this rule for a
mortgage assistance relief service
provider not to comply with this
section.
§ 1015.10
Actions by states.
Any attorney general or other officer
of a state authorized by the state to bring
an action under this part may do so
pursuant to section 626(b) of the 2009
Omnibus Appropriations Act, Public
Law 111–8, section 626, 123 Stat. 524
(Mar. 11, 2009), as amended by Public
Law 111–24, section 511, 123 Stat. 1734
(May 22, 2009), and as amended by
Public Law 111–203, section 1097, 124
Stat. 2102 (July 21, 2010).
§ 1015.11
Severability.
The provisions of this rule are
separate and severable from one
another. If any provision is stayed or
determined to be invalid, it is the
Bureau of Consumer Financial
Protection’s intention that the remaining
provisions shall continue in effect.
Dated: October 24, 2011.
Alastair M. Fitzpayne,
Deputy Chief of Staff and Executive Secretary,
Department of the Treasury.
[FR Doc. 2011–31731 Filed 12–15–11; 8:45 am]
BILLING CODE 4810–AM–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–1317; Directorate
Identifier 2011–NM–193–AD; Amendment
39–16893; AD 2011–26–03]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 777–200, –200LR,
–300, and –300ER Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
certain Model 777–200, –300, and
–300ER series airplanes. That AD
currently requires installing Teflon
sleeving under the clamps of certain
wire bundles routed along the fuel tank
boundary structure, and cap sealing
certain penetrating fasteners of the main
and center fuel tanks. This AD expands
the applicability in the existing AD.
This AD was prompted by fuel system
reviews conducted by the manufacturer,
which determined that electrical arcing
on the fuel tank boundary structure or
inside the fuel tanks could result in a
fire or explosion. We are issuing this AD
to correct the unsafe condition on these
products.
DATES: This AD is effective January 3,
2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of January 20, 2011 (75 FR 78588,
December 16, 2010).
We must receive any comments on
this AD by January 30, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
SUMMARY:
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Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207;
telephone (206) 544–5000, extension 1;
fax (206) 766–5680; email
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington.
For information on the availability of
this material at the FAA, call (425) 227–
1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (phone: (800) 647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Margaret Langsted, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: (425)
917–6500; fax: (425) 917–6590; email
margaret.langsted@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On November 18, 2010, we issued AD
2010–24–12, amendment 39–16531
(75 FR 78588, December 16, 2010), for
certain Model 777–200, –300, and
–300ER series airplanes. That AD
requires installing Teflon sleeving under
the clamps of certain wire bundles
routed along the fuel tank boundary
structure, and cap sealing certain
penetrating fasteners of the main and
center fuel tanks. That AD resulted from
fuel system reviews conducted by the
manufacturer. We issued that AD to
prevent electrical arcing on the fuel tank
boundary structure or inside the fuel
tanks, which could result in a fire or
explosion.
Actions Since AD was Issued
Since we issued AD 2010–24–12,
Amendment 39–16531 (75 FR 78588,
December 16, 2010), the European
Aviation Safety Agency (EASA), which
is the Technical Agent for the Member
States of the European Community,
asked that we specify if Model 777–
200LR airplanes are affected by the
existing AD, and clarify Note 1 of the
existing AD. We have determined that
Model 777–200LR airplanes were
inadvertently excluded from the
applicability of the existing AD. The
subject airplanes are identified in the
effectivity of Boeing Alert Service
Bulletin 777–57A0059, dated October
30, 2008, which was referred to in the
existing AD as the appropriate source of
service information for accomplishing
certain actions. In light of these facts,
we have added Model 777–200LR
airplanes to the applicability in this AD
as they are subject to the identified
unsafe condition.
We have also revised Note 1 of the
existing AD to further clarify the
applicability of the AD with regard to
Model 777–200 airplanes.
FAA’s Determination
We are issuing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design.
AD Requirements
This AD retains all requirements of
AD 2010–24–12, Amendment 39–16531
(75 FR 78588, December 16, 2010). This
AD adds Model 777–200LR airplanes to
the applicability of the existing AD, and
adds paragraph (i) to this AD to specify
the actions (cap sealing the fasteners)
required for those airplanes.
78139
FAA’s Justification and Determination
of the Effective Date
The FAA has found that an additional
airplane model has been identified
which is subject to the same unsafe
condition specified in AD 2010–24–12,
Amendment 39–16531 (75 FR 78588,
December 16, 2010). There are no U.S.registered Model 777–200LR airplanes;
therefore, we find that notice and
opportunity for prior public comment
are unnecessary and that good cause
exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include the docket number
FAA–2011–1317; and directorate
identifier 2011–NM–193–AD; at the
beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
Costs of Compliance
We estimate that this AD affects 129
airplanes of U.S. registry. This new AD
adds no additional economic burden.
The current costs for this AD are
repeated for the convenience of affected
operators, as follows:
ESTIMATED COSTS
Action
Labor cost
Parts cost
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Retained actions from AD
Between 278 and 358
2010–24–12, (75 FR
work-hours × $85 per hour.
78588, December 16, 2010).
Currently, there are no affected Model
777–200LR airplanes on the U.S.
Register. However, if a Model 777–
200LR airplane is imported and placed
on the U.S. Register in the future, the
required actions will take about 480
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$2,241
Between $25,871 and
$32,671 per product.
work hours, at an average labor rate of
$85 per work hour. Required parts cost
about $2,241 per product. Based on
these figures, we estimate the cost of
this AD for Model 777–200LR airplanes
to be $43,041 per airplane.
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Cost on U.S.
operators
Cost per product
Between $3,337,359 and
$4,214,559.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends part 39 of the Federal
Aviation Regulations (14 CFR part 39) as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
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Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing airworthiness directive (AD)
2010–24–12, amendment 39–16531
(75 FR 78588, December 16, 2010), and
adding the following new AD:
■
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2011–26–03 The Boeing Company:
Amendment 39–16893; Docket No.
FAA–2011–1317; Directorate Identifier
2011–NM–193–AD.
(a) Effective Date
This AD is effective January 3, 2012.
(b) Affected ADs
This AD supersedes AD 2010–24–12,
amendment 39–16531 (75 FR 78588,
December 16, 2010).
(c) Applicability
This AD applies to The Boeing Company
airplanes, certificated in any category, as
identified in the applicable service
information specified in paragraphs (c)(1),
(c)(2), (c)(3), and (c)(4) of this AD.
(1) For Model 777–200, –300, and –300ER
airplanes: Boeing Service Bulletin 777–
57A0050, Revision 2, dated May 14, 2009.
(2) For Model 777–200 and –300 airplanes:
Boeing Alert Service Bulletin 777–57A0051,
dated May 15, 2006.
(3) For Model 777–200, –300, and –300ER
airplanes: Boeing Alert Service Bulletin 777–
57A0057, Revision 1, dated August 2, 2007.
(4) For Model 777–200, –200LR, –300, and
–300ER airplanes: Boeing Alert Service
Bulletin 777–57A0059, dated October 30,
2008.
Note 1: Operators should consider any
reference to Model 777–200ER airplanes
identified in the service information
specified in paragraphs (c)(1), (c)(2), (c)(3),
and (c)(4) of this AD, as applicable, to be to
the Model 777–200 airplanes designated by
the type certificate data sheet.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 57: Wings.
(e) Unsafe Condition
This AD was prompted by fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent electrical
arcing on the fuel tank boundary structure or
inside the main and center fuel tanks, which
could result in a fire or explosion.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Restatement of Requirements of AD 2010–
24–12, Amendment 39–16531 (75 FR 78588,
December 16, 2010)
(g) Corrective Actions (Installing Teflon
Sleeving, Cap Sealing, One-Time Inspection)
Within 60 months after January 20, 2011
(the effective date of AD 2010–24–12,
amendment 39–16531 (75 FR 78588,
December 16, 2010)), do the applicable
actions specified in paragraph (g)(1), (g)(2),
(g)(3), or (g)(4) of this AD.
(1) For airplanes identified in Boeing
Service Bulletin 777–57A0050, Revision 2,
dated May 14, 2009: Install Teflon sleeving
under the clamps of certain wire bundles
routed along the fuel tank boundary structure
and cap seal certain penetrating fasteners of
the fuel tanks, in accordance with the
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Accomplishment Instructions of Boeing
Service Bulletin 777–57A0050, Revision 2,
dated May 14, 2009.
(2) For airplanes identified in Boeing Alert
Service Bulletin 777–57A0051, dated May
15, 2006: Cap seal certain penetrating
fasteners of the fuel tanks, in accordance
with the Accomplishment Instructions of
Boeing Alert Service Bulletin 777–57A0051,
dated May 15, 2006.
(3) For airplanes identified in Boeing Alert
Service Bulletin 777–57A0057, Revision 1,
dated August 2, 2007: Do a general visual
inspection to determine if certain fasteners
are cap sealed and do all applicable
corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 777–57A0057, Revision 1,
dated August 2, 2007. Do all applicable
corrective actions before further flight.
(4) For Model 777–200, –300, and –300ER
airplanes identified in Boeing Alert Service
Bulletin 777–57A0059, dated October 30,
2008: Cap seal the fasteners in the center fuel
tanks that were not sealed during production,
in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
777–57A0059, dated October 30, 2008.
(h) Credit for Actions Done Using Previous
Issues of the Service Bulletins
(1) Actions done before January 20, 2011,
in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
777–57A0050, dated January 26, 2006; or
Revision 1, dated August 2, 2007; are
acceptable for compliance with the
corresponding actions required by paragraph
(g)(1) of this AD, provided that the applicable
additional work specified in Boeing Service
Bulletin 777–57A0050, Revision 2, dated
May 14, 2009, is done within the compliance
time specified in paragraph (g) of this AD.
The additional work must be done in
accordance with Boeing Service Bulletin
777–57A0050, Revision 2, dated May 14,
2009.
(2) Actions done before January 20, 2011,
in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
777–57A0057, dated August 7, 2006, are
acceptable for compliance with the actions
required by paragraph (g)(3) of this AD.
New Requirements of This AD
(i) Cap Sealing the Fasteners
For Model 777–200LR airplanes identified
in Boeing Alert Service Bulletin 777–
57A0059, dated October 30, 2008: Within 60
months after the effective date of this AD, cap
seal the fasteners in the center fuel tanks that
were not sealed during production, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
777–57A0059, dated October 30, 2008.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
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to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle ACO
to make those findings. For a repair method
to be approved, the repair must meet the
certification basis of the airplane and the
approval must specifically refer to this AD.
(k) Related Information
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For more information about this AD,
contact Margaret Langsted, Aerospace
Engineer, Propulsion Branch, ANM–140S,
FAA, Seattle ACO, 1601 Lind Avenue SW.,
Renton, Washington 98057–3356; phone:
(425) 917–6500; fax: (425) 917–6590; email
margaret.langsted@faa.gov.
Issued in Renton, Washington, on
December 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–31893 Filed 12–15–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA–2006–26661; Amdt. No.
61–129]
RIN 2120–AI86
Pilot, Flight Instructor, and Pilot
School Certification; Technical
Amendment
Federal Aviation
Administration, DOT.
ACTION: Final rule; technical
amendment.
AGENCY:
The FAA is correcting a final
rule published on August 21, 2009 (74
(l) Material Incorporated by Reference
FR 42500). In that rule, the FAA
(1) You must use the following service
amended its regulations to revise the
information to do the actions required by this training, qualification, certification, and
AD, unless the AD specifies otherwise. The
operating requirements for pilots, flight
Director of the Federal Register approved the
instructors, ground instructors, and
incorporation by reference (IBR) under 5
pilot schools. This document corrects an
U.S.C. 552(a) and 1 CFR part 51 of the
error in the codified text of that
following service information on January 20,
document to permit a person serving as
2011 (75 FR 78588, December 16, 2010).
an examiner and administering a
(i) Boeing Service Bulletin 777–57A0050,
practical test for the issuance of a sport
Revision 2, dated May 14, 2009;
pilot certificate in a light-sport aircraft
(ii) Boeing Alert Service Bulletin 777–
other than a glider or balloon to hold
57A0051, dated May 15, 2006;
either a medical certificate or a U.S.
(iii) Boeing Alert Service Bulletin 777–
driver’s license. The FAA is also
57A0057, Revision 1, dated August 2, 2007;
clarifying the regulatory text related to
and
when an instrument proficiency check
(iv) Boeing Alert Service Bulletin 777–
is required to act as pilot in command
57A0059, dated October 30, 2008.
under IFR or in weather conditions less
(2) For service information identified in
than the minimums prescribed for VFR.
this AD, contact Boeing Commercial
Finally, this document corrects one
Airplanes, Attention: Data & Services
section of the final rule to clarify the
Management, P.O. Box 3707, MC 2H–65,
FAA’s original intent with regard to the
Seattle, Washington 98124–2207; telephone
use of flight simulation training devices
(206) 544–5000, extension 1, fax (206) 766–
5680; email me.boecom@boeing.com; Internet for training and testing when seeking to
https://www.myboeingfleet.com.
add a type rating to an existing pilot
(3) You may review copies of the service
certificate or obtain a type rating
information at the FAA, Transport Airplane
concurrently with a pilot certificate.
Directorate, 1601 Lind Avenue SW., Renton,
DATES: Effective December 16, 2011.
Washington. For information on the
FOR FURTHER INFORMATION CONTACT: For
availability of this material at the FAA, call
technical questions concerning this
(425) 227–1221.
action, contact Jeffrey Smith, Airmen
(4) You may also review copies of the
Certification and Training Branch, AFS–
service information that is incorporated by
810, General Aviation and Commercial
reference at the National Archives and
Division, Flight Standards Service,
Records Administration (NARA). For
Federal Aviation Administration, 800
information on the availability of this
Independence Avenue SW.,
material at an NARA facility, call (202) 741–
Washington, DC 20591; telephone (202)
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/ 493–4789; email to
ibr_locations.html.
jeffrey.smith@faa.gov.
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SUMMARY:
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78141
SUPPLEMENTARY INFORMATION:
Background
On August 21, 2009, the FAA
published a final rule entitled, ‘‘Pilot,
Flight Instructor, and Pilot School
Certification’’ (74 FR 42500). That final
rule revised the training, qualification,
certification, and operating
requirements for pilots, flight
instructors, ground instructors, and
pilot schools. The FAA is now issuing
a technical amendment to correct an
error in § 61.23 and to clarify the
original intent of § 61.64.
Discussion of Technical Amendment to
§ 61.23
As part of the 2009 final rule, the FAA
revised § 61.23 to set forth the medical
certification requirements for persons
serving as examiners and administering
practical tests. As modified in the final
rule, the current text of that section
requires an examiner administering a
practical test in an aircraft, other than a
glider or balloon, to hold at least a thirdclass medical certificate.
During the rulemaking process, the
FAA received a comment stating that
examiners administering practical tests
to applicants for a sport pilot certificate
should not be required to hold a
medical certificate. These tests—
particularly those conducted in
powered parachutes and weight-shiftcontrol aircraft—are frequently
conducted by examiners who hold only
a sport pilot certificate. A person
exercising the privileges of a sport pilot
certificate may hold either a medical
certificate or a U.S. driver’s license to
exercise those privileges. Although the
preamble to the final rule acknowledged
the comment, the regulatory text did not
address the issue raised by the
comment.
Although an examiner is generally not
the pilot in command of an aircraft
during a practical test, an examiner
may, on occasion, need to act as pilot
in command of an aircraft during the
course of a practical test. Accordingly,
the FAA believes that an examiner must
meet the appropriate medical
certification requirements to act as pilot
in command of the aircraft in which the
test is being conducted should the need
arise. An examiner conducting a
practical test for a sport pilot certificate
in a light-sport aircraft other than a
glider or balloon would therefore only
need to hold either a medical certificate
or a U.S. driver’s license.
The technical amendment will revise
§ 61.23(c) to permit a person to serve as
an examiner and administer a practical
test for the issuance of a sport pilot
certificate in a light-sport aircraft other
E:\FR\FM\16DER1.SGM
16DER1
]]>Agencies
[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78138-78141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31893]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1317; Directorate Identifier 2011-NM-193-AD;
Amendment 39-16893; AD 2011-26-03]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 777-200, -
200LR, -300, and -300ER Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Model 777-200, -300, and -300ER series airplanes. That AD
currently requires installing Teflon sleeving under the clamps of
certain wire bundles routed along the fuel tank boundary structure, and
cap sealing certain penetrating fasteners of the main and center fuel
tanks. This AD expands the applicability in the existing AD. This AD
was prompted by fuel system reviews conducted by the manufacturer,
which determined that electrical arcing on the fuel tank boundary
structure or inside the fuel tanks could result in a fire or explosion.
We are issuing this AD to correct the unsafe condition on these
products.
DATES: This AD is effective January 3, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 20,
2011 (75 FR 78588, December 16, 2010).
We must receive any comments on this AD by January 30, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services
[[Page 78139]]
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone (206) 544-5000, extension 1; fax (206) 766-5680; email
me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call (425) 227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone: (800) 647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Margaret Langsted, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
(425) 917-6500; fax: (425) 917-6590; email margaret.langsted@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On November 18, 2010, we issued AD 2010-24-12, amendment 39-16531
(75 FR 78588, December 16, 2010), for certain Model 777-200, -300, and
-300ER series airplanes. That AD requires installing Teflon sleeving
under the clamps of certain wire bundles routed along the fuel tank
boundary structure, and cap sealing certain penetrating fasteners of
the main and center fuel tanks. That AD resulted from fuel system
reviews conducted by the manufacturer. We issued that AD to prevent
electrical arcing on the fuel tank boundary structure or inside the
fuel tanks, which could result in a fire or explosion.
Actions Since AD was Issued
Since we issued AD 2010-24-12, Amendment 39-16531 (75 FR 78588,
December 16, 2010), the European Aviation Safety Agency (EASA), which
is the Technical Agent for the Member States of the European Community,
asked that we specify if Model 777-200LR airplanes are affected by the
existing AD, and clarify Note 1 of the existing AD. We have determined
that Model 777-200LR airplanes were inadvertently excluded from the
applicability of the existing AD. The subject airplanes are identified
in the effectivity of Boeing Alert Service Bulletin 777-57A0059, dated
October 30, 2008, which was referred to in the existing AD as the
appropriate source of service information for accomplishing certain
actions. In light of these facts, we have added Model 777-200LR
airplanes to the applicability in this AD as they are subject to the
identified unsafe condition.
We have also revised Note 1 of the existing AD to further clarify
the applicability of the AD with regard to Model 777-200 airplanes.
FAA's Determination
We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
AD Requirements
This AD retains all requirements of AD 2010-24-12, Amendment 39-
16531 (75 FR 78588, December 16, 2010). This AD adds Model 777-200LR
airplanes to the applicability of the existing AD, and adds paragraph
(i) to this AD to specify the actions (cap sealing the fasteners)
required for those airplanes.
FAA's Justification and Determination of the Effective Date
The FAA has found that an additional airplane model has been
identified which is subject to the same unsafe condition specified in
AD 2010-24-12, Amendment 39-16531 (75 FR 78588, December 16, 2010).
There are no U.S.-registered Model 777-200LR airplanes; therefore, we
find that notice and opportunity for prior public comment are
unnecessary and that good cause exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
the docket number FAA-2011-1317; and directorate identifier 2011-NM-
193-AD; at the beginning of your comments. We specifically invite
comments on the overall regulatory, economic, environmental, and energy
aspects of this AD. We will consider all comments received by the
closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD affects 129 airplanes of U.S. registry.
This new AD adds no additional economic burden. The current costs for
this AD are repeated for the convenience of affected operators, as
follows:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2010-24- Between 278 and 358 $2,241 Between $25,871 and Between $3,337,359
12, (75 FR 78588, December 16, work[dash]hours x $32,671 per and $4,214,559.
2010). $85 per hour. product.
----------------------------------------------------------------------------------------------------------------
Currently, there are no affected Model 777-200LR airplanes on the
U.S. Register. However, if a Model 777-200LR airplane is imported and
placed on the U.S. Register in the future, the required actions will
take about 480 work hours, at an average labor rate of $85 per work
hour. Required parts cost about $2,241 per product. Based on these
figures, we estimate the cost of this AD for Model 777-200LR airplanes
to be $43,041 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of
[[Page 78140]]
the FAA Administrator. Subtitle VII, Aviation Programs, describes in
more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2010-24-12, amendment 39-16531 (75 FR 78588, December 16, 2010), and
adding the following new AD:
2011-26-03 The Boeing Company: Amendment 39-16893; Docket No. FAA-
2011-1317; Directorate Identifier 2011-NM-193-AD.
(a) Effective Date
This AD is effective January 3, 2012.
(b) Affected ADs
This AD supersedes AD 2010-24-12, amendment 39-16531 (75 FR
78588, December 16, 2010).
(c) Applicability
This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in the applicable service information
specified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this
AD.
(1) For Model 777-200, -300, and -300ER airplanes: Boeing
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
(2) For Model 777-200 and -300 airplanes: Boeing Alert Service
Bulletin 777-57A0051, dated May 15, 2006.
(3) For Model 777-200, -300, and -300ER airplanes: Boeing Alert
Service Bulletin 777-57A0057, Revision 1, dated August 2, 2007.
(4) For Model 777-200, -200LR, -300, and -300ER airplanes:
Boeing Alert Service Bulletin 777-57A0059, dated October 30, 2008.
Note 1: Operators should consider any reference to Model 777-
200ER airplanes identified in the service information specified in
paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, as
applicable, to be to the Model 777-200 airplanes designated by the
type certificate data sheet.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57: Wings.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent electrical arcing on
the fuel tank boundary structure or inside the main and center fuel
tanks, which could result in a fire or explosion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
Restatement of Requirements of AD 2010-24-12, Amendment 39-16531 (75 FR
78588, December 16, 2010)
(g) Corrective Actions (Installing Teflon Sleeving, Cap Sealing, One-
Time Inspection)
Within 60 months after January 20, 2011 (the effective date of
AD 2010-24-12, amendment 39-16531 (75 FR 78588, December 16, 2010)),
do the applicable actions specified in paragraph (g)(1), (g)(2),
(g)(3), or (g)(4) of this AD.
(1) For airplanes identified in Boeing Service Bulletin 777-
57A0050, Revision 2, dated May 14, 2009: Install Teflon sleeving
under the clamps of certain wire bundles routed along the fuel tank
boundary structure and cap seal certain penetrating fasteners of the
fuel tanks, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
(2) For airplanes identified in Boeing Alert Service Bulletin
777-57A0051, dated May 15, 2006: Cap seal certain penetrating
fasteners of the fuel tanks, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-57A0051, dated May
15, 2006.
(3) For airplanes identified in Boeing Alert Service Bulletin
777-57A0057, Revision 1, dated August 2, 2007: Do a general visual
inspection to determine if certain fasteners are cap sealed and do
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
57A0057, Revision 1, dated August 2, 2007. Do all applicable
corrective actions before further flight.
(4) For Model 777-200, -300, and -300ER airplanes identified in
Boeing Alert Service Bulletin 777-57A0059, dated October 30, 2008:
Cap seal the fasteners in the center fuel tanks that were not sealed
during production, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-57A0059, dated
October 30, 2008.
(h) Credit for Actions Done Using Previous Issues of the Service
Bulletins
(1) Actions done before January 20, 2011, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
57A0050, dated January 26, 2006; or Revision 1, dated August 2,
2007; are acceptable for compliance with the corresponding actions
required by paragraph (g)(1) of this AD, provided that the
applicable additional work specified in Boeing Service Bulletin 777-
57A0050, Revision 2, dated May 14, 2009, is done within the
compliance time specified in paragraph (g) of this AD. The
additional work must be done in accordance with Boeing Service
Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
(2) Actions done before January 20, 2011, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
57A0057, dated August 7, 2006, are acceptable for compliance with
the actions required by paragraph (g)(3) of this AD.
New Requirements of This AD
(i) Cap Sealing the Fasteners
For Model 777-200LR airplanes identified in Boeing Alert Service
Bulletin 777-57A0059, dated October 30, 2008: Within 60 months after
the effective date of this AD, cap seal the fasteners in the center
fuel tanks that were not sealed during production, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 777-57A0059, dated October 30, 2008.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly
[[Page 78141]]
to the manager of the ACO, send it to the attention of the person
identified in the Related Information section of this AD.
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
(k) Related Information
For more information about this AD, contact Margaret Langsted,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425)
917-6500; fax: (425) 917-6590; email margaret.langsted@faa.gov.
(l) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information on January 20, 2011 (75 FR 78588,
December 16, 2010).
(i) Boeing Service Bulletin 777-57A0050, Revision 2, dated May
14, 2009;
(ii) Boeing Alert Service Bulletin 777-57A0051, dated May 15,
2006;
(iii) Boeing Alert Service Bulletin 777-57A0057, Revision 1,
dated August 2, 2007; and
(iv) Boeing Alert Service Bulletin 777-57A0059, dated October
30, 2008.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1, fax (206) 766-5680; email
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call (425) 227-1221.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call (202) 741-6030, or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on December 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-31893 Filed 12-15-11; 8:45 am]
BILLING CODE 4910-13-P
